settlement Tag

Bill Shakespeare’s Hamlet pondered whether it is better to be or not be- dead that is. And I pondered whether it is better to be or not to be more experienced mediator or trained in mediation. Let me tell you what prompted this internal monologue. At...

Only one can be the Super Bowl of all mediations: your mediation. For most people, mediation, and not trial, is the big day since most cases settle before trial. All of the work has been done. You have a good game plan. Its been a...

Mediation Few mediators are excellent. The difference lies in the approach. Most approach mediation is an art. They’re good because they do what comes naturally. They ask good questions, make the parties feel comfortable, and, as a result, successfully move the parties toward settlement. Then there are...

Authority to settle means legal authority to settle. It does not refer to corporate or personal authority. Authority to settle is of course a requirement of party representatives to a mediation. It seems the authority to settle rule is always strictly adhered to. Yet, some...

A distinguished neutral need not be an extinguished neutral because being neutral does not require being passive. Yet, professionals have confided in me that they thought a good mediator is not wholly neutral. As explained in a variety of ways, they mistakenly thought that affirming...